*Pages 1--2 from Microsoft Word - 4765.doc* Federal Communications Commission DA 00- 2532 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Bloomfield Public Library ) File No. SLD- 198680 Bloomfield, Iowa ) ) Federal- State Joint Board on ) CC Docket No. 96- 45 Universal Service ) ) Changes to the Board of Directors of the ) CC Docket No. 97- 21 National Exchange Carrier Association, Inc. ) ORDER Adopted: November 9, 2000 Released: November 13, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Bloomfield Public Library (Bloomfield), Bloomfield, Iowa, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Bloomfield seeks review of SLD’s refusal to consider Bloomfield’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we grant Bloomfield’s appeal. 2. SLD issued a Funding Commitment Decision Letter on May 26, 2000, denying Bloomfield’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Bloomfield’s request for discounts for internal connections, Funding Request Number (FRN) 431262. On June 26, 2000, Bloomfield filed an appeal of SLD’s decision to deny FRN 431262. 3 On July 3, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Bloomfield’s appeal 1 Letter from Regina Gooden, Bloomfield Public Library, to Federal Communications Commission, filed July 18, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Regina Gooden, Bloomfield Public Library, dated May 26, 2000 (Funding Commitment Decision Letter). 3 Letter from Regina Gooden, Bloomfield Public Library, to Schools and Libraries Division, Universal Service Administrative Company, filed June 26, 2000. 1 Federal Communications Commission DA 00- 2532 2 because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 4 Bloomfield subsequently filed the instant Letter of Appeal with the Commission. 3. Under section 54.720 of the Commission’s rules, an appeal must be filed with the Commission or SLD within 30 days of the issuance of the decision as to which review is sought. 5 Documents are considered to be filed with the Commission or SLD only upon receipt. 6 The 30- day deadline contained in section 54.720 of the Commission’s rules applies to all requests for review filed by a party affected by a decision issued by the Administrator. Section 1.4( j) of the Commission’s rules, however, provides that in cases where the close of the 30- day period falls on a holiday, the document shall be filed on the next business day. 7 Because the close of the 30- day period after the issuance of the May 26, 2000 Funding Commitment Decision Letter fell on June 25, 2000, a holiday, Bloomfield’s June 26, 2000 appeal should have been considered timely filed. Accordingly, we grant Bloomfield’s Letter of Appeal and direct SLD to review Bloomfield’s appeal to SLD. 4. ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under sections 0. 91, 0. 291, and 54. 722( a) of the Commission's rules, 47 C. F. R. §§ 0.91, 0. 291, and 54.722( a), that the Letter of Appeal filed by Bloomfield Public Library, Bloomfield, Iowa on July 18, 2000, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau 4 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Regina Gooden, Bloomfield Public Library, dated July 3, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 7 47 C. F. R. § 1. 4( j). The term “holiday” includes Saturdays and Sundays. 47 C. F. R. § 1.4( e)( 1). 2